BSA § 79 · Bharatiya Sakshya Adhiniyam, 2023

Section 79 BSA — Presumption as to documents produced as record of evidence, etc

Replaces IEA 80 of the Indian Evidence Act, 1872. In force since 1 July 2024.

The text

Whenever any document is produced before any Court, purporting to be a record or memorandum of the evidence, or of any part of the evidence, given by a witness in a judicial proceeding or before any officer authorised by law to take such evidence or to be a statement or confession by any prisoner or accused person, taken in accordance with law, and purporting to be signed by any Judge or Magistrate, or by any such officer as aforesaid, the Court shall presume that—

(i) the document is genuine;

(ii) any statements as to the circumstances under which it was taken, purporting to be made by the person signing it, are true; and

(iii) such evidence, statement or confession was duly taken.

Source: India Code (indiacode.gov.in). The Gazette of India is the authoritative text.

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